Order appointing Guardian Ad Litem: 2017-CP-20-00419

ORDER APPOINTING

GUARDIAN AD LITEM

STATE OF SOUTH CAROLINA

COUNTY OF Fairfield

IN THE COURT OF COMMON PLEAS

C/A NO. 2017-CP-20-00419

Park Sterling Bank as successor in interest to Community Federal Savings Bank of Winnsboro, Plaintiff vs. The Personal Representative, whose name is unknown for the Estate of Mildred W. LeGrand and all Unknown persons with any right, title or interest in the real estate described herein; also any Unknown persons who may be in the military service of the United States of America, being a class designated as John Doe; and any Unknown minors, persons under a Disability or persons incarcerated, being a class designated as Richard Roe; Dennis L. LeGrand a/k/a Dennis LeGrand; South Carolina Department of Revenue and United States of America, acting by and through its agency, the Internal Revenue Service, Defendants.

It appearing to the satisfaction of the Court, upon reading the Motion for the Appointment of Kelley Y. Woody as Guardian ad Litem for all unknown persons and persons who may be in the military service of the United States of America (which are constituted as a class designated as “John Doe”) and any unknown minors and persons who may be under a disability (which are constituted as a class designated as “Richard Roe”), it is ORDERED that, pursuant to Rule 17, SCRCP, Kelley Y. Woody is appointed Guardian ad Litem on behalf of all unknown persons and persons who may be in the military service of the United States of America (constituted as a class and designated as “John Doe”), all unknown minors or persons under a disability (constituted as a class and designated as “Richard Roe”), all of which have or may claim to have some interest in the property that is the subject of this action, commonly known as 221 Clay Ct., Winnsboro, that Kelley Y. Woody is empowered and directed to appear on behalf of and represent all unknown persons and persons who may be in the military service of the United States of America, constituted as a class and designated as “John Doe”, all unknown minors and persons under a disability, constituted as a class and designated as “Richard Roe”, unless the Defendants, or someone acting on their behalf, shall, within thirty (30) days after service of a copy of this Order as directed below, procure the appointment of a Guardian or Guardians ad Litem for the Defendants constituted as a class designated as “John Doe” or “Richard Roe”.

IT IS FURTHER ORDERED that a copy of this Order shall be served upon the unknown Defendants by publication in the Herald Independent, a newspaper of general circulation in the County of Anderson, State of South Carolina, once a week for three (3) consecutive weeks, together with the Summons in the above entitled action.

SUMMONS AND NOTICE

TO THE DEFENDANT(S) ALL UNKNOWN PERSONS WITH ANY RIGHT, TITLE OR INTEREST IN THE REAL ESTATE DESCRIBED HEREIN; ALSO ANY PERSONS WHO MAY BE IN THE MILITARY SERVICE OF THE UNITED STATES OF AMERICA, BEING A CLASS DESIGNATED AS JOHN DOE; AND ANY UNKNOWN MINORS OR PERSONS UNDER A DISABILITY BEING A CLASS DESIGNATED AS RICHARD ROE;

YOU ARE HEREBY SUMMONED and required to answer the Complaint in the above action, a copy which is herewith served upon you, and to serve a copy of your Answer upon the undersigned at their offices, PO Box 4216, Columbia, South Carolina 29240, within thirty (30) days after service upon you, exclusive of the day of such service, and, if you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered against you for relief demanded in the Complaint.

NOTICE

NOTICE IS HEREBY GIVEN that the original Complaint in this action was filed in the office of the Clerk of Court for Fairfield County on 10/25/2017, thereafter amended on January 19, 2016.

NOTICE OF PENDENCY OF ACTION

NOTICE IS HEREBY GIVEN THAT an action has been commenced and is now pending or is about to be commenced in the Circuit Court upon the complaint of the above named Plaintiff against the above named Defendant for the purpose of foreclosing a certain mortgage of real estate heretofore given by Community Federal Savings Bank of Winnsboro, SC to Mildred W. LeGrand bearing date of February 25, 1998 and recorded March 3, 1998 in Mortgage Book in Book 416 at Page 171 in the Register of Mesne Conveyances/Register of Deeds/Clerk of Court for Fairfield County, in the original principal sum of $120600.00 that , and that the premises effected by said mortgage and by the foreclosure thereof are situated in the County of Fairfield, State of South Carolina, and is described as follows:

All that certain piece, parcel, or lot of land with any and all improvements thereon lying, being, and situate in the County of Fairfield, State of South Carolina, containing 4 acres, more or less, as shown on a plat prepared by E.L. Driggers, R.L.S., dated August 10, 1973, recorded in Deed Book “EH” at page 583, and bounded on the Northeast by lands now or formerly of Sadie S. Rabb, on the Southeast by lands now or formerly of Elizabeth S. Mann, on the Southwest by a 30 foot street; and on the Northwest by lands now or formerly of Elizabeth S. Mann; and having such special shape, metes, courses, distances, and bounds as shown on said plat, said plat being herewith incorporated by reference and made part of this description.

This is the same property conveyed to Mildred Welch LeGrand by the Deed of Distribution for the Estate of Otis W. LeGrand, who died on February 19, 1996 and whose estate was probated in the Probate Court for Fairfield County in Case Number 96-ES-20-59; said Deed of Distribution is dated December 10, 1996 and is recorded in the Office of the Clerk of Court in Deed Book “OG” at page 84..

TMS # 180-00-04-014.000

Physical Address:  221 Clay Ct., Winnsboro, SC

Crawford & von Keller, LLC.

PO Box 4216

1640 St. Julian Place (29204)

Columbia, SC 29204

Phone:  803-790-2626

Attorneys for Plaintiff